Conkling v. Davies
New York Supreme Court
Trial by the court. Elizabeth M. Conkling brought this action against Henry E. Davies and another to annul a deed of settlement.
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Trial by the court. Elizabeth M. Conkling brought this action against Henry E. Davies and another to annul a deed of settlement. The plaintiff, a widow, on January 19, 1875, conveyed certain bonds and stocks to Henry E. Davies and to his successor, Julian I. Davies, in trust, “to receive, hold and manage the same, collect the income and profits thereof, and apply the net income and profits thereof, semi-annually, to the use of the” settlor “ during.herlife, and upon her death” . . . “to divide the principal” between the settlor’s children and grandchildren in certain proportions specified.…
1Opinion of the CourtVan Brunt, J.
I am unable to find as a fact that there was any representátion upon the part of the defendants Davies, in this action, at any time, that the trust deed, mentioned in the complaint herein, was irrevocable; neither can I find that they omitted to give the plaintiff proper professional advice in respect to the execution of the trust deed in question.
I think, however, that the evidence establishes the fact that the plaintiff did not comprehend the effect of a trust deed.
*501She undoubtedly had some sort of an idea that being voluntary it could be recalled, and she regarded it somewhat in the light…
2Cases cited6 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Hutton v. . BenkardNew York Court of Appeals · 1883
- Belmont v. . O'BrienNew York Court of Appeals · 1855
- Fleming v. TownsendSupreme Court of Georgia · 1849
- Harper v. ScottSupreme Court of Georgia · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ludlam v. LudlamAppellate Division of the Supreme Court of the State of New York · 1920
- Vogel v. City Bank Farmers Trust Co.New York Supreme Court · 1934
- Parker v. AllenNew York Supreme Court · 1890